HOSPITAL PRIVILEGES AND THE AMERICANS-WITH-DISABILITIES-ACT

The Americans With Disabilities Act provides protection for equal acce ss to services and employment opportunities for qualified persons with disabilities. Because hospital privileges are essential to physician practice, this article investigates the role of the Americans With Dis abilities Act in acquiring and maintaining these privileges. Recent fi ndings from the Act's case law support the concept that: 1) an employe r-employee relationship exists between the hospital and the non-staff physician for purposes of the Act's analysis, and thus, 2) the Act is applicable to questions of hospital privileges for non-staff physician s. Suggestions for ensuring patient welfare while maintaining complian ce with the Act are discussed.